Telangana High Court
Tkr Educational Society vs Jawaharlal Nehru Technological ... on 7 December, 2021
Author: Satish Chandra Sharma
Bench: Satish Chandra Sharma, N.Tukaramji
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
W.P.Nos.25815, 25125, 25207, 25239, 25325, 25326, 25332,
25337, 25349, 25355, 25356, 25367, 25819, 25835, 25845,
25854 and 26590 of 2021
COMMON ORDER:(Per the Hon'ble the Chief Justice Satish Chandra Sharma) Regard being had to the controversy involved in the aforesaid cases, they were heard together and are being decided by a common order.
The facts of W.P.No.25815 of 2021 are reproduced as under:
The petitioner No.1 before this Court, a Society running TKR College of Engineering and Technology, has filed this writ petition challenging the JNTU Affiliation Procedure and Regulations. The respondent No.1/University was insisting for a No Objection Certificate (NOC) from the State Government and thereafter, the process of affiliation was to take place. This Court has granted an interim order in the present case and on account of the interim order granted in the matter, the students were admitted and at the same time, the respondent No.1/University has filed Civil Appeals before the Hon'ble Supreme Court against the interim orders dated 05.10.2021, 25.10.2021 and 26.10.2021. The Civil Appeals were registered as Civil Appeal No.6931 of 2021 and batch and the Hon'ble Supreme Court in paragraph 17 of the said order held as under:-2
"17. We accordingly dispose of the appeals in terms of the following directions:
(i) Since the State of Telangana has granted its NOC on 1 November 2021, JNTU shall complete the process of affiliation strictly in accordance with its Regulations within a period of ten days;
(ii) After JNTU completes the process of affiliation, after due verification and inspection of the infrastructure and other facilities available at the institutions concerned, an affidavit shall be filed before the High Court of Telangana indicating the outcome of the process;
(iii) Until the steps indicated in (ii) above are complete, the interim direction of the High Court shall continue to remain stayed; and
(iv) Depending upon the outcome of the process of affiliation, the High Court would be at liberty to take up the matter and issue such further directions as may be deemed necessary."
It is pertinent to note that the NOC was already granted by the State Government in respect of the petitioner institutions as well as in respect of other institutions which are petitioners in other connected matters and keeping in view the order passed by the Hon'ble Supreme Court, the inspection was carried out by the Jawaharlal Nehru Technological University, Hyderabad (JNTU). The JNTU has filed an affidavit after carrying out the inspection and paragraphs 3 and 4 of the said affidavit are reproduced as under:-
"3. It is submitted that after the receipt of the copy of the order on 23.11.2021, the JNTUH continued with the process of considering the applications of the Petitioner Institutions and inspected the Petitioner Institutions for infrastructure, laboratories and faculty. It was found the 3 there are several deficiencies in almost all the Petitioner Institutions. The deficiency reports are being filed herewith. It is submitted that as per the regulations of the JNTUH, the Petitioner Institutions can file an appeal before the appellate authority by rectifying the deficiencies and if the appellate committee is satisfied with the compliance, only then Affiliation would have been granted by the JNTUH. But, in view of the Hon'ble High Court Orders, the Petitioner Institutions have already admitted students and as such in the present circumstances, the JNTUH has taken a decision, keeping the interest and future of these students and decided to notify to the colleges, with a detailed proceedings, providing them opportunity to rectify the defects within a period of two months therefrom and if the deficiencies are not rectified, then the JNTUH shall take action against these Petitioner Institutions as per Regulations. It is pertinent to mention that the fees/charges/expenses shall also be notified as per the decision of JNTUH in the said proceedings.
4. It is submitted that the time frame which is being granted as stated supra, shall not be treated as a precedent in future under any circumstances."
Meaning thereby, after pointing out certain deficiencies, the JNTU shall be granting two months time to all the institutions to rectify the deficiencies and after expiry of the time period, the JNTU shall be passing appropriate orders in the matter.
A prayer has been made to dispose of the matters with a liberty to the petitioner institutions to approach this Court in case they are still aggrieved in the matter.
Resultantly, the present writ petitions are disposed of. The JNTU shall be free to point out deficiencies noticed in respect of the institutions granting them two months time to 4 rectify the deficiencies and thereafter, the JNTU shall be free to pass appropriate orders in accordance with law. The petitioners, in case they are still aggrieved in the matter, shall be free to approach this Court afresh.
With the aforesaid, all the present writ petitions stand disposed of.
The miscellaneous applications pending in these writ petitions, if any, shall stand closed. There shall be no order as to costs.
___________________________ SATISH CHANDRA SHARMA, CJ ___________________________ N. TUKARAMJI, J 07.12.2021 vs